Court Rules
About United States Magistrate Judge Christopher J. Burke

**Magistrate Judge Christopher J. Burke** has served as a full-time Magistrate Judge in the District of Delaware since August 4, 2011. The court's website does not provide biographical information, educational background, or career history prior to Judge Burke's appointment as Magistrate Judge. **Chambers Staff** - Career Law Clerk: Melanie L. Crawford (serving since 2012) - B.A., Widener University - J.D., Widener University School of Law

**Courthouse:** J. Caleb Boggs Federal Building, 844 N. King Street, Wilmington, DE 19801-3555 **Chambers:** Room 2325, Unit 28 **Courtroom:** 2A **Phone:** (302) 573-4591 **Conference Phone:** (302) 573-4595 (court-scheduled teleconferences only) **Chambers Staff** - Courtroom Deputy: Samantha Miller - Career Law Clerk: Melanie L. Crawford **Note:** Delaware is a major patent and corporate litigation court. Magistrate judges in this district handle a significant volume of discovery disputes and pretrial matters in patent cases.

Common questions about Judge Christopher J. Burke's rules

Are courtesy copies required for Judge Christopher J. Burke?

Courtesy copies are required for briefs, exhibits, declarations, affidavits, and appendices. Details: 2 copies, delivery within 24 hours, by hand delivery. Two courtesy copies required for briefs and supporting documents, including sealed papers, by noon next business day.

Does Judge Christopher J. Burke require a pre-motion conference or letter before filing a motion?

Yes. A pre-motion letter is required for discovery. Joint letter required for discovery disputes after meet-and-confer

View ruleSource: page 7, section Joint Letter Requirement

What page or word limits apply to motion in limine before Judge Christopher J. Burke?

Judge Christopher J. Burke's rule states these limits: 3 pages; 3 pages; 1 pages; 3 pages; 1 pages. In limine requests: support and opposition limited to 3 pages each, reply limited to 1 page. If multiple parties support or oppose, they must combine into a single 3-page submission (and single 1-page reply).

View ruleSource: page 5, section IX. Motions in Limine

What page or word limits apply to opposition letter before Judge Christopher J. Burke?

Judge Christopher J. Burke's rule states these limits: 5 pages. Excludes caption, signature blocks, and certificates. Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.

View ruleSource: page 10, section Motions to Amend

What formatting rules apply to filings before Judge Christopher J. Burke?

Judge Christopher J. Burke's formatting rule includes file format PDF, pdf for static demonstratives, and dvd or cd for video/animations. Demonstratives must be provided in PDF format, except videos/animations which require DVD/CD.

View ruleSource: page 7, section Demonstrative Exhibits

What must be included with letter brief filings before Judge Christopher J. Burke?

The rule requires proposed order and exhibit list. Proposed order and discovery exhibits required with letter brief

View ruleSource: page 8, section Letter Brief Attachments

What must be included with motion to amend filings before Judge Christopher J. Burke?

The rule requires blackline comparison and proposed amended pleading. Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.

View ruleSource: page 10, section Motions to Amend

How may parties contact Judge Christopher J. Burke's chambers?

Parties may contact Judge Christopher J. Burke's chambers by email only as allowed by the rule. The rule lists email Samantha_Miller@ded.uscourts.gov. Joint Claim Construction Chart must be emailed in Word format to chambers at Samantha_Miller@ded.uscourts.gov.

View ruleSource: page 12, section Claim Construction Issue Identification

How does Judge Christopher J. Burke handle sealed or redacted filings?

The rule does not state that a motion to seal is required for the covered filing process. Process: file redacted on ecf. Redacted version of sealed documents must be filed electronically within 7 days.

View ruleSource: page 2, section Papers Filed Under Seal

Does Judge Christopher J. Burke require motion papers to be bundled?

No. The rule prohibits holding covered papers for bundling. Motions in limine must not be filed separately; they must be included in the proposed pretrial order.

View ruleSource: page 5, section IX. Motions in Limine

Is electronic filing required before Judge Christopher J. Burke?

No. Electronic filing is prohibited for the covered filings. Mediation statements must not be electronically filed; deliver to Clerk's Office in envelope.

View ruleSource: page 3, section CONFIDENTIAL MEDIATION STATEMENTS

When is a filing treated as filed before Judge Christopher J. Burke?

The rule addresses filing timing, filing status, or cure windows. Deliver completed AO Form 187 exhibit list to Courtroom Deputy on or before the first day of trial.

View ruleSource: page 4, section VI. Exhibits
Complete rules summary for Judge Christopher J. Burke

Markman briefs must include a proposed construction for each disputed term, even if the term should be given its plain and ordinary meaning.

Deliver completed AO Form 187 exhibit list to Courtroom Deputy on or before the first day of trial.

Provide exhibits for direct examination by 3:00 p.m. the day before their intended use.

Provide objections to exhibits by 7:30 p.m. the night before their intended use.

Exchange demonstratives for opening statements by 8:00 p.m. two nights before opening statements.

Provide objections to demonstratives for opening statements by 12:00 noon the day before opening statements.

Provide demonstrative exhibits for direct examination by 3:00 p.m. the day before their intended use.

Demonstratives must be provided in PDF form, except video/animations on DVD/CD, and physical exhibits as PDF copies.

Submit transcript and summary of objections with draft pretrial order if objections need resolution.

Motions in limine must not be filed separately; they must be included in the proposed pretrial order.

The proposed pretrial order must include all in limine requests and responses, and each request and response must cite supporting authorities.

In limine requests: support and opposition limited to 3 pages each, reply limited to 1 page. If multiple parties support or oppose, they must combine into a single 3-page submission (and single 1-page reply).

Separate briefing on in limine requests is prohibited; all arguments must be included in the pretrial order.

Initial briefs in non-jury trials must include proposed Findings of Fact in numbered paragraphs and Conclusions of Law with supporting citations.

The proposed final pretrial order must include a certification of good faith settlement efforts.

Redacted version of sealed documents must be filed electronically within 7 days.

Transcript sealing/redaction requires motion with highlighted transcript and proposed redacted version.

Two courtesy copies required for briefs and supporting documents, including sealed papers, by noon next business day.

Parties must choose whether to permit expert declarations with motions.

Joint letter required for discovery disputes after meet-and-confer

Motion for teleconference required for discovery disputes

Proposed order and discovery exhibits required with letter brief

Sworn declarations required for disputed factual issues

Courtesy copies required for discovery teleconferences

Opposition letters for motions to amend must be filed within 7 days and limited to 5 single-spaced pages.

Reply letters for motions to amend must be filed within 3 days and limited to 2 single-spaced pages.

Reply letters for motions to strike must be filed within 3 days and limited to 2 single-spaced pages.

Motions to amend must be accompanied by a 3-page single-spaced letter and proposed amended pleading with blackline comparison.

Parties must file Joint Claim Construction Brief by specified date.

Motions to strike must be accompanied by a 3-page single-spaced letter and the document to be stricken.

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